Avey v. American Surety Co.

Wheeler, Official Referee.

This action is brought to recover $2,223.58 on a bond given by Frank C. Nordblum as principal and the defendant as surety for the faithful discharge by Nordblum of his duties as collector of taxes for the town of Brant, Erie county, to which office the said Nordblum had been elected.

The tax roll for the collection of taxes with the proper warrant was delivered to Nordblum by the county treasurer of Erie county. A portion of such taxes when collected were payable to the county treasurer. Another portion of such taxes belonged to the town of Brant and were payable to…